The Selling Contract is a fundamental commercial document used to formalize the sale of goods under Swiss law. It serves as the primary agreement between parties engaged in the purchase and sale of various goods, from consumer products to industrial equipment. This document is essential for both domestic Swiss transactions and international sales, where it must comply with the Swiss Code of Obligations while potentially addressing international trade considerations. The contract typically includes comprehensive details about the goods being sold, pricing structures, delivery terms, warranty provisions, and risk allocation. It's particularly important for establishing clear rights and obligations of both parties, managing risk, and ensuring compliance with Swiss commercial law requirements. The document can be customized for different types of sales transactions while maintaining its core legal framework under Swiss jurisdiction.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the sale and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the contract
4. Object of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications
5. Purchase Price: Statement of the purchase price, currency, and whether VAT is included
6. Payment Terms: Payment schedule, method of payment, and any conditions attached to payment
7. Delivery: Delivery terms, timing, location, and transfer of risk
8. Warranty: Warranty terms, duration, and scope as per Swiss law requirements
9. Title Transfer: Conditions and timing of the transfer of ownership
10. Termination: Circumstances under which the contract can be terminated and the consequences
11. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
12. Signatures: Execution block for parties' signatures and date
1. CISG Exclusion: Section explicitly excluding the UN Convention on Contracts for the International Sale of Goods (for international sales)
2. Retention of Title: Section reserving seller's ownership until full payment, requires registration for effectiveness in Switzerland
3. Installment Payments: Details of installment payment plan if applicable, including interest and payment schedule
4. Insurance: Requirements for insurance during transit or storage, particularly for high-value goods
5. Inspection and Acceptance: Detailed procedure for inspection of goods and formal acceptance process
6. Confidentiality: Provisions for protecting confidential information, particularly in commercial sales
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Export/Import Regulations: Compliance requirements for international sales
9. Data Protection: Provisions for handling personal data in compliance with Swiss data protection laws
1. Technical Specifications: Detailed technical specifications of the goods, including drawings, plans, or technical documentation
2. Delivery Schedule: Detailed timeline for delivery, especially for multiple shipments or complex logistics
3. Price List: Detailed pricing information, particularly for multiple items or variable pricing
4. Quality Standards: Specific quality requirements, standards, and testing procedures
5. Warranty Certificate: Detailed warranty terms and conditions
6. Installation Instructions: If applicable, instructions for installation or assembly of the goods
7. Maintenance Requirements: Specifications for maintaining the goods to maintain warranty validity
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Industrial Equipment
Technology
Automotive
Electronics
Luxury Goods
Food and Beverage
Pharmaceuticals
Construction Materials
Machinery
Textiles
Chemical Products
Agricultural Products
Relevant Teams
Legal
Procurement
Sales
Commercial
Supply Chain
Compliance
Finance
Risk Management
Operations
International Trade
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Sales Director
Commercial Director
Business Development Manager
Supply Chain Manager
Export Manager
Compliance Officer
General Counsel
Sales Operations Manager
Purchasing Officer
Trade Finance Manager
Chief Commercial Officer
Risk Manager
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